The Bombay Excessive Courtroom has overturned a divorce decree granted by the Nashik Household Courtroom, saying a spouse should get an opportunity to reply earlier than a court docket decides if she was merciless to her husband.
DIVORCE GRANTED ON WHATSAPP EVIDENCE
Earlier, the Nashik Household Courtroom had allowed the husband’s divorce plea. The court docket relied on his testimony and a sequence of WhatsApp and SMS messages between the couple. The husband claimed the messages confirmed his spouse compelled him to maneuver to Pune, insulted his household, and precipitated him “psychological cruelty.”
The Nashik court docket stated, “A spouse who insists that her husband depart his dad and mom and shift to Pune, utilizing derogatory language towards in-laws, commits psychological cruelty.”
Primarily based on this, the husband was granted a divorce with out the spouse being heard.
HIGH COURT: WIFE MUST BE HEARD
The Bombay Excessive Courtroom, nevertheless, disagreed. It stated the spouse was not given any alternative to elucidate or problem the messages. The judges dominated that WhatsApp chats alone can’t show cruelty.
“Merely counting on WhatsApp chats, the divorce decree can’t be granted. The matter is shipped again to the Household Courtroom to permit the spouse to be heard and current her proof,” the court docket stated.
WHAT THIS MEANS
The case will now return to the Nashik Household Courtroom, giving the spouse an opportunity to contest the claims. This ruling clarifies that digital messages might be thought-about, however courts can’t resolve divorces solely based mostly on them with out listening to each side.
This determination is prone to have an effect on different circumstances the place courts may rely closely on WhatsApp or SMS proof in divorce disputes.
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